Opinion
5:20cv252/TKW/MAF
06-21-2021
JAMES RUSSELL JOHNSON, Plaintiff, v. OFFICER YOUNG., Defendant.
ORDER
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 26). No objections were filed. Upon due consideration of the Report and Recommendation and the case file, the Court agrees with the magistrate judge's determination that Defendant's motion to dismiss should be granted with respect to the official capacity claims in the amended complaint, but denied as to the individual capacity claims. Accordingly, it is
ORDERED that:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Defendant's motion to dismiss (Doc. 21) is GRANTED in part, and the official capacity claims in the amended complaint are DISMISSED. The motion is otherwise DENIED.
3. Defendant shall answer the amended complaint within 14 days from the date of this order. See Fed.R.Civ. P. 12(a)(4)(A).
4. This case is recommitted to the magistrate judge for further proceedings.
DONE and ORDERED.